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Will Contest Involving Several Properties


This is a will contest involving several properties. One of the parties is Mrs. A, the wife of the decedent, the others are the two named preliminary executors identified in the will, the guardian ad litem of the minor child of the decedent, and lastly Mrs. B, the other wife of the testator. Both women claiming to be the wife of the decedent contested the status of the other and it was not clear as to what decision was made by the Russian court where the dispute was filed.

A New York Probate Lawyer said the court in this case is faced on one hand by a miscellaneous proceeding and on the other by the issues surrounding the probate of the will of the decedent. In the miscellaneous proceeding, Mrs. A filed a motion to restrain the directors and officers of corporation owned by the decedent from selling the properties of the said corporation and also for the granting of limited letters of administration to her by the court. The executors who were at odds with her also moved for the authority to sell the contested property of the company. In this regard, Mrs. A filed a cross-motion asking for several relief related to the corporation as well as for the distribution of the properties as directed by the will of the decedent. In the application for the settlement of the properties of the decedent in the court, Mrs. A also contested the assignment of the executors. The preliminary executors filed a motion in this regard and moved that the objections of Mrs. A regarding their assignment be dismissed.

Oral arguments were received by the court from both parties for the miscellaneous proceedings and after deliberations, the court lifted the TRO and allowed the executors to sell one of the properties owned by the corporation and to start the process for the sale of a piece of real estate property also owned by the corporation. New York City Probate Lawyers said Mrs. A vehemently objected to the sale of the real estate property and a number of conferences were made to settle the differences between the parties. Though there was a settlement agreed upon between the parties, the same was not properly signed and the preliminary executors later on told the court that the property has a buyer and the same is ready for sale. The court gave the executors the permission to sell the contested property.

After selling the real property, the preliminary executors then moved to sell another real property this time the building occupied by Mrs. A and the son of the decedent. The preliminary executors argued for the necessity of selling the said piece of real property in order to settle the estate administration expenses. They reasoned further that Mrs. A has been occupying the property without paying any rent. They argued also that the decedent gave the corporation a $7M loan and as such, the same must be paid by selling the property because the said amount forms part of the estate of the decedent. The preliminary executors also moved at this instance to admit the will for probate.

Mrs. A opposed the motion filed by the preliminary executors by questioning the veracity of the said loan as well as the arguments presented by the other party. Mrs. A agreed that the will should be probated but she disagreed that the preliminary executors be assigned by the court officially and offered herself s their replacement instead. Long Island Probate Lawyers said the guardian ad litem on the other hand also opposed the sale of the real property in question because other properties have already been sold and that it is unclear whether the proceeds of this later sale would still be needed for the settlement of other payables incurred by the court proceedings.

In ruling on the estate litigation before it, the court declared that given the conflicting claims of all the parties, there is a need for further hearing in order for the court to determine fully the claims of the parties. Consequently, the court ruled that the request for the probate of the will is granted but the issuance of letters of administration and to whom it shall be granted will be decided later.

If you have a probate issue, including a will contest, estate litigation or probate litigation matter, speak to Stephen Bilkis and Associates for advice and a free consultation.

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